Common types of slip and fall accidents occur when a person slips and falls on a foreign substance or snow and ice.
Massachusetts law states that where a foreign substance on a floor or stairway causes a person lawfully on the premises to fall and sustain injuries, that person may prove negligence on the property owner in one of the following three methods:
- A person may show that the property owner or its employee, agent or representative negligently caused the substance to be there or may show that the property owner or its employee, agent or representative had actual knowledge of the existence of the foreign substance and failed to use due care to remove it or make the area reasonably safe;
- A person may establish the property owner or its employee, agent or representative negligence by showing that the foreign substance was present on the premises for such a length of time that the defendant should have known about it and taken steps to make the area reasonably safe. The property owner or its employee, agent or representative owes the injured person a duty of reasonable care to discover any unsafe conditions on their premises; or
- A person may show that the property owner or its employee, agent or representative chosen mode of operation makes it reasonably foreseeable that a dangerous condition will occur. In that event, the property owner or its employee, agent or representative may be held liable if the person proves that the property owner or its employee, agent or representative failed to take all reasonable precautions necessary to protect customers and others while were authorized to be on their premises.
Massachusetts courts have held a property owner liable for snow and ice injuries when: a property owner knows or reasonably should have known of a dangerous condition on its property arising from an accumulation of snow or ice. The property owners owe a duty to lawful visitors to make reasonable efforts to protect lawful visitors against the danger.
INJURED IN A SLIP & FALL ACCIDENT?
A person needs to determine if snow and ice removal efforts are reasonable in light of the expense they impose on the landowner and the probability and seriousness of the foreseeable harm to others. The snow removal reasonably expected of a property owner will depend on the amount of foot traffic anticipated on the property, the magnitude of the risk reasonably feared and the burden and expense of the ice removal. Therefore, while an owner of a single-family home, an apartment complex owner, a store owner, and an owner or management company of shopping malls each owe lawful visitors to their property a duty of reasonable care, what constitutes reasonable snow removal may vary among them.
Attorney Jason Ranallo has been helping individuals who have been injured in slip and fall incidents for over a decade. You can rest assure having the Law Offices of Jason M. Ranallo, P.C. working for you puts your case in the hands of an experienced, knowledgeable, aggressive and compassionate attorney who knows how to get results. He and his office will provide you with the personal attention and skill that each case needs. We will handle every aspect of your slip and fall case, including going to trial if a full and fair settlement agreement cannot be reached.
If you or a loved one was injured in a slip and fall incident, call the Law Offices of Jason M. Ranallo, P.C. today at 781-344-6200 or contact the firm online to schedule a free consultation to review your case. For your convenience, home, hospital, evening and weekend appointments are available upon request. Let us show you what our knowledge, experience, and skills can do for you or your loved one. Call or contact us today. Your case will always be our top priority!